Huntsville City Council struggling to resolve restaurant's 'simple request' for a violinist

Nick's Ristorante sparked a debate about live entertainment in neighborhood eateries when it asked Huntsville's permission to hire a violinist. (Bob Gathany | bgathany@al.com)

HUNTSVILLE, Alabama - A simple request by a south Huntsville restaurant to bring in a strolling violinist has morphed into a broad discussion about whether live entertainment has a place in neighborhood businesses.

Earlier this year, Nick's Ristorante on Bailey Cove sought a city variance to hire a violinist to play in its well-appointed dining room. When the Board of Zoning Adjustment said no, City Councilman John Olshefski asked the planning department if there was a way to accommodate the restaurant.

The result: a proposed law that would allow "cabarets, concerts, live bands, ballrooms, dance halls, comedy clubs, karaoke, theaters, disc jockeys or other similar live performance venues" at any eatery in a neighborhood business district. Marie Bostick, the city's manager of planning and zoning administration, has said "constitutional issues" would arise if Huntsville permitted violinists but not, say, punk rock bands.

At Thursday's City Council meeting, Olshefski said his intent was never to allow "blaring bands" that could disturb nearby residents.

"This started out as a simple request," he said, "then the lawyers got involved and the First Amendment rights."

Following a public hearing, Olshefski asked to table a vote on the live entertainment ordinance until the council's Jan. 10 meeting.

Huntsville police and the city Planning Commission are both recommending a no vote. Sgt. Mark Roberts reminded council members that they banned live entertainment in neighborhood business districts in 2002 because of complaints about restaurants turning into noisy bars after dark. Cops spent untold hours dealing with bar patrons parked in front of houses and loitering in the streets.

"I think we'd be going backwards," said Roberts, "by putting entertainment back into that residential mixture."

The proposed law does set some restrictions, including no entertainment after 11 p.m. and nothing loud enough to be heard beyond the walls of the restaurant.

Just one person spoke in favor of the ordinance at Thursday's public hearing. John Tinger, a composer and acoustic guitarist from Athens, said he occasionally peforms at Comprehensive Cancer Institute and would like to play at Nick's Ristorante.

"I just think it would be a wonderful blessing for them to have music at that place," said Tinger.